The court refused to quash the criminal proceedings as factual disputes precluded a decision under Section 482 Cr.P.C. However, with directions to surrender within 30 days for bail consideration, the application was disposed of.
Refusal to quash proceedings; direction to surrender within 30 days to seek bail consideration.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 22493 of 2018
Applicant :- Shahid Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 05.02.2018 as well as the entire proceedings of Case No. 4026 of 2009 (State Vs. Shahid), arising out of Case Crime No. 10 of 1999, under Sections147, 452, 504, 506 I.P.C., Police Station- Kathghar, District-Moradabad.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 .
The prayer for quashing the entire proceeding of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the
applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally disposed of .
Order Date :- 13.7.2018 Praveen
2 issues framed by the court
Whether the proceedings under Sections 147, 452, 504, 506 IPC should be quashed as no offence is made out.
Whether the applicant should be permitted to consider bail upon surrender within 30 days.
Colour shows how this judgement treated each authority
R.P. Kapur Vs. State of PunjabReferred¶8
R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866 · Who else cites this
State of Haryana Vs. Bhajan LalReferred¶8
State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426 · Who else cites this
State of Bihar Vs. P.P.SharmaReferred¶8
State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and anotherReferred¶8
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 · Who else cites this
Amrawati and another Vs. State of U.P.Referred¶11
Amrawati and another Vs. State of U.P., 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶11
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Shahid
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
